Cyberbullying
Offensive telephone calls
The bullying may sometimes take the form of persistent, offensive telephone calls. Section 20 of the Summary Offences Ordinance (Cap. 228) may provide some protection from such calls. It is an offence punishable by a fine of $1,000 and imprisonment for two months for a person to send any message by telegraph, telephone, including mobile phone, or other wireless telegraphy which is grossly offensive, indecent, obscene or menacing. It is also an offence under the section to send any message known to be false to annoy, inconvenience or cause needless anxiety to any other person or to persistently make telephone calls for any of those purposes without reasonable cause. Section 20 potentially affords protection from cyberbullies who indulge in the conduct covered by the section. Section 20 is, however, limited to telegraph, telephone and wireless telegraphy, and it is fact specific. The message must be grossly offensive or of an indecent, obscene or menacing character. This imports a high standard of proof, which is not always attainable.